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Calcutta High CourtCRM (A)/799/2026rejected

Najiruddin Mondal @ Babun Mondal v. State Of West Bengal

2026-04-09Hon'Ble Justice Jay Sengupta2 pages

09.04.2026 Sl. No.76 NB CRM (A) 799 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Swarupnagar PS Case No.561/2025 dated 21.08.2025 under Sections 329(1))/115(2)/117(2)/109/3(5) of the BNS, 2023. And In the matter of: Najiruddin Mondal @ Babun Mondal ... petitioner Mr. Satadru Lahiri, Mr. Safdar Azam.

...for the petitioner.

Ms. Baisali Basu, Ms. Suruchi Saha.

..for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the cousin brother of the alleged victim. There were prior disputes between the private parties. On the particular day, there was a free fight. Injuries were received on both sides. But, none was grievous in nature. Charge sheet has been submitted.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She refers to the statements of the victim, the other witnesses and the injury report, which shows, among other things a cut injury inflicted on a vital part of the body of the victim being the scalp that required 10 stitches for repair. Considering the above, the other incriminating materials available in the case diary, the alleged role ascribed to the present petitioner and the fact that the petitioner's name has been specifically taken as the assailant in the injury report, I do not consider this to be a fit case for granting anticipatory bail to the present petitioner.

The application for anticipatory bail of the petitioner is, thus, rejected.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)